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Delhi District Court

Ajay Mediratta & Anr. vs State on 3 November, 2022

 IN THE COURT OF Ms. PARIDHI SHARMA, ACJ­cum­CCJ­cum­ARC,
        SOUTH WEST DISTRICT, DWARKA COURTS, DELHI


CNR No.                 :        DLSW03­001238­2018
Under Section           :        372 of The Indian Succession Act, 1925
Ajay Mediratta & Anr. versus State


a) Succession Court Case No.              :         74/2018


b) Name & address of the                  :         1. Mr. Ajay Mediratta,
petitioners                                         S/o A.L. Mediratta,
                                                    R/o B­3/137, Janakpuri,
                                                    New Delhi­110058.
                                                    In Care of
                                                    Smt. Neena Mediratta,
                                                    W/o Sh. Ajay Mediratta,
                                                    R/o B­3/137, Janakpuri,
                                                    New Delhi­110058.

                                                    2. Mr. Madhup Mediratta,
                                                    S/o Late Sh. A.L. Mediratta,
                                                    R/o 38, Bareena Street,
                                                    Strathfield, NSW 2135
                                                    Australia.



c) Name & address of the                  :         State of NCT of Delhi
respondent


Date of Institution                       :         05.10.2020

Final arguments heard on                  :         03.11.2022

Judgment pronounced on                    :         03.11.2022

    Succession Court Case No. 74/2018   Ajay Mediratta & Anr. v . State & Ors.   Page 1/11
 Petition under Section 372 of The Indian Succession Act, 1925 for
grant of succession certificate in respect of the debts & securities of
deceased namely, A.L. Mediratta @ Ascharaj Lal Mediratta.


                                         JUDGEMENT

1. The present petition has been filed by the petitioner for grant of succession certificate under section 372 of Indian Succession Act, 1925 (hereinafter referred to as the "Act"), in respect of debts and securities of deceased persons namely, A.L. Mediratta @ Ascharaj Lal Mediratta and Vimla Mediratta.

2. Factual Matrix: The case of the petitioners is that petitioners are the sons of the deceased persons. It is averred that deceased, A.L. Mediratta died on 05.01.2001 and deceased, Vimla Mediratta died on 12.06.2005. It is further averred that the deceased persons were residents of House No. B­3/137, Janak Puri, New Delhi­110058 which falls within the jurisdiction of this court. Further, it is averred that the deceased persons were survived by two legal heirs that is, petitioners no. 1 & 2 (both sons of the deceased). The petitioners have approached this court with the instant petition seeking grant of succession certificate in respect of share certificates of different companies in the name of the deceased persons and amount lying in savings bank account no. 1503000100303370 maintained with Punjab National Bank, Janak Puri, New Delhi in the name of the deceased.

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3 During the course of proceedings, Ms. Neena Mediratta, the next friend of petitioner no. 1 moved an application under Order 32 Rule 4 CPC. The said application was allowed vide order of even date and Ms. Neena Mediratta was appointed as next friend of petitioner no. 1.

4. Summoning of respondents and chain of subsequent events: Notice of the petition was ordered to be published in newspaper and accordingly, publication was done in newspaper titled as "Veer Arjun"

dated 08.08.2018 but none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of the petitioner.

5. Pursuant to the notice, affidavit was filed by Samar Bhatia, official on behalf of M/s Hero Motocorp Ltd. wherein it is submitted that 120 shares vide certificate no. 507267, were registered in the name of deceased, Vimla Mediratta.

6. Evidence adduced by the petitioners: The next friend, Ms. Neena Mediratta of petitioner no. 1 got herself examined as PW­1 and tendered her evidence by way of an affidavit which is Ex. PW­1/A. PW­1 relied on the following documents:

i. Original certificate issued by doctor Dr. Vikas Jain dated 26.05.2016 certifying that the petitioner no. 1 is patient of "Chronic Schizophrenia" which is Ex. PW­1/1; ii. Copy of Aadhar Card of petitioner no. 1 which is Ex. PW­1/1 A(OSR);

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iii. Copy of Aadhar Card of next friend, Ms. Neena Mediratta which is Ex. PW­1/2 (OSR);

iv. Self attested copy of Passport of petitioner no. 2 which is Mark P; v. Copy of death certificate of deceased, Ascharaj Lal Mediratta which is Ex. PW­1/3 (OSR);

vi. Copy of death certificate of deceased, Vimla Mediratta is Ex. PW­1/4 (OSR);

vii. Copy of Voter­I card of deceased, Vimla Mediratta which is Mark Q. viii. Copy of senior citizen card of A.L. Mediratta which is Mark R. ix. NOC given by petitioner no. 2, Madhup Mediratta which is Ex.

PW­1/5;

x. Copy of passbook issued by Punjab National Bank, Janak Puri Branch, New Delhi in respect of savings bank account no. 1503000100303370 in the name of deceased, Vimla Mediratta which is Ex. PW­1/6 (OSR);

xi. Share certificate of three shares vide folio no. S037848 of Salaya Bulk Terminals Ltd. in the name of deceased, Vimla Mediratta and Madhup Mediratta is Ex. PW­1/7 (OSR);

xii. Share certificate of 33 shares vide folio no. 054896 of Essar Shipping Limited in the name of deceased, Vimla Mediratta and Madhup Mediratta which is Ex. PW­1/8(OSR);

xiii. Share certificate of 100 shares vide folio no. V00724 of Indo Gulf Industries Ltd. in the name of deceased, Vimla Mediratta which is Ex. PW­1/9 (OSR);

xiv. Share certificate of three shares vide folio no. P037848 of Essar Ports Ltd. in the name of deceased, Vimla Mediratta and Madhup Mediratta which is Ex. PW­1/10(OSR);

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xv. Share certificate of 66 shares vide folio no. V008029 of Essar Ports Ltd. in the name of deceased, Vimla Mediratta and Madhup Mediratta which is Ex. PW­1/11(OSR);

xvi. Share certificate of one share vide folio no. V00817 of Balrampur Chini Mills Ltd. in the name of deceased, Vimla Mediratta is Ex. PW­ 1/12(OSR);

xvii. Share certificate of nine shares vide folio no. H042507 of Hazira Cargo Terminals Ltd. in the name of deceased, Vimla Mediratta and Madhup Mediratta is Ex. PW­1/13(OSR);

xviii. Share certificate of 49 shares vide folio no. V045249 of Vadinar Oil Terminal Ltd. in the name of deceased, Vimla Mediratta and Madhup Mediratta which is Ex. PW­1/14(OSR);

xix. Share certificate of 120 shares vide folio no. 22656 of Hero Honda Motors Ltd. (now known as Hero Moto Corp Ltd. )in the name of deceased, Vimla Mediratta which is Ex. PW­1/15(OSR); xx. Share certificate of 1000 shares vide folio no. M5366 of TVS Motor Company Ltd. in the name of deceased, Madhup Mediratta and Ascharaj Lal Mediratta @ A.L. Mediratta which is Ex. PW­1/16 (colly) (OSR);

xxi. Share certificate of 50 shares vide folio no. UN 13076 of United Pharma International Ltd. in the name of deceased, Ascharaj Lal Mediratta @ A.L. Mediratta and Madhup Mediratta which is Ex. PW­ 1/17(OSR);

xxii. Letter dated 11.12.2017 issued by Karvy Computershare Pvt. Ltd.

seeking succession certificate which is Ex. PW­1/18 (OSR);

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xxiii. Copy of web page of BSE India. in showing current value of shares of Essar Shipping Ltd., Balrampur Chini Mills Ltd., Hero Motor Corp. Ltd and TVS Motor Co. Ltd. which is Ex. PW­1/19 (colly.)(11 pages). xxiv. Copy of web page of NSE India.in showing current value of shares of Essar Port Ltd. which is Ex. PW­1/20.

xxv. Certificate under section 65 B of Indian Evidence Act is Ex. PW­1/21.

PW­1 further stated that deceased, A.L. Mediratta is also known as Ascharaj Lal Mediratta. She stated that she seeks succession certificate as the next friend of petitioner no. 1 in respect of holdings of different companies in the name of deceased persons and the NAV thereof is Rs. 14,42,734.91/­ as on 03.11.2022. PW­1 further stated that she also seeks succession certificate as the next friend of petitioner no. 1 of amount of Rs. 13,498.18/­ as on 29.04.2019 lying in savings bank account bearing no. 1503000100303370 maintained with Punjab National Bank, Janak Puri, New Delhi in the name of deceased persons.

7. Petitioner no. 2 filed his No Objection Certificate wherein it is submitted that he has no objection to the grant of succession certificate in favour of petitioner no. 1 in care of his wife Ms. Neena Mediratta.

8. Thereafter, petitioners' evidence was closed and final arguments were heard.

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9. Arguments, Appreciation of Evidence and Reasons: I have heard learned counsel for the petitioner, perused the material placed on record and considered the submissions advanced.

10. In Madhvi Amma Bhawani Amma & Ors. v. Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, it was held as under:

" The enquiry in proceedings for grant of succession certificate is to be summary, and the Court, without determining questions of law or fact, which seem to it to be too intricate and difficult for determination, should grant the certificate to the person who appears to have prima facie the best title thereto. In such cases the Court has not to determine definitely and finally as to who has the best right to the estate. All that it is required to do is to hold a summary enquiry into the right to the certificate, with a view, on the one hand, to facilitate the collection of debts due to the deceased and prevent their being time­barred, owing (for instance) to dispute between the heirs inter se as to their preferential right to succession, and, on the other hand, to afford protection to the debtors by appointing a representative of the Succession Court Case No. 74/2018 Ajay Mediratta & Anr. v . State & Ors. Page 7/11 deceased and authorising him to give a valid discharge for the debt. The grant of a certificate to a person does not give him an absolute right to the debt nor does it bar a regular suit for adjustment of the claims of the heirs inter se".

11. From the oral and documentary evidence on record, prima facie findings are as under:­

a) Deceased persons namely, A.L. Mediratta @ Ascharaj Mediratta and Vimla Mediratta were the residents of B­3/137, Janak Puri, New Delhi­110058 which is reflected in the death certificates proved as Ex. PW­1/3 & Ex. PW­1/4 respectively. The matter thus, falls within the jurisdiction of this court.

b) Deceased persons namely, A.L. Mediratta @ Ascharaj Mediratta and Vimla Mediratta had expired on 05.01.2001 and 12.06.2005 respectively leaving behind two class­I legal heirs that is, petitioners no. 1 & 2 (sons of the deceased persons).

12. Debts and Securities: Deceased died intestate qua debts and securities which are mentioned in the petition as well as in the testimony of PW­1. The same are shares of different companies in the name of the deceased which are as follows:

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Sl. Name of Folio No. Certificat Total Value Total Value No companies e number share per as on

(s) share 03.11.2022 as on (Rs.) 03.11.22 (approx.)

1. Salaya Bulk S037848 00037848 3 10 30/­ Terminals Ltd.

2. Essar Shipping 054896 00054896 33 8.27 272.91 Ltd.

3. Indo Gulf V00724 17619 100 1 100/­ Industries Ltd.

4. Essar Ports P037848 00037848 3 130 390/­ Ltd.

5. Essar Ports V008029 00055558 66 130 8580/­ Ltd.

6. Balrampur V00817 20941 1 330 330/­ Chini Mills Ltd.

7. Hazira Cargo H042507 00042507 9 10 90/­ Terminal Ltd.

8 Vadinar Oil V045249 00045249 49 10 490/­ Terminal Ltd.

9. Hero Honda 22656 507267 120 2642 3,17,052/­ Motors Ltd.

10. TVS Motor M5366 416 1000 1114.90 11,14,900/­ Company Ltd.

11. United Pharma UN 13089 50 10 500/­ Succession Court Case No. 74/2018 Ajay Mediratta & Anr. v . State & Ors. Page 9/11 International 13076 Ltd.

Total Net Asset                                                                    14,42,734.91/­
Value (NAV) as on
03.11.2022

12. Savings bank            Punjab National Bank, Janak Puri,                      13,498.18 as
account no.                 New Delhi                                              on
1503000100303370                                                                   29.04.2019

Therefore, the total valuation of the above mentioned securities held by deceased for which succession certificate has been applied for is Rs. 14,42,734.91/­ as on 03.11.2022 in respect of shares of different companies (details mentioned in above table) and Rs.

13,498.18/­ in respect of amount lying in savings bank account no. 1503000100303370 maintained with Punjab National Bank Ltd., Janak Puri, New Delhi, in the name of the deceased persons.

13. The aforesaid claim of the petitioners has gone unrebutted and none has appeared on behalf of the public to contest the claim of the petitioners. There is also no impediment under section 370 of the Act to grant succession certificate with respect to debts and securities as mentioned in the petition.

14. Conclusion: In view of the reasons spelled above, this court holds that petitioner no. 1 through his next friend, Ms. Neena Mediratta is Succession Court Case No. 74/2018 Ajay Mediratta & Anr. v . State & Ors. Page 10/11 entitled to grant of succession certificate under section 373 of the Act in respect of aforementioned securities that is, shares of different companies in the name of the deceased persons valuation whereof is Rs. 14,42,734.91/­ as on 03.11.2022 (details of shares is mentioned in table in para no. 12) and Rs. 13,498.18/­ lying in savings bank account no. 1503000100303370 maintained with Punjab National Bank Ltd., Janak Puri, New Delhi, in the name of the deceased persons alongwith interest/ dividend, if any, accrued thereupon.

15. Accordingly, succession certificate be issued to petitioner no. 1 through his next friend, Ms. Neena Mediratta on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnity­cum­surety bond of the like amount, within 30 days from today. Petition is accordingly, disposed of.

Announced in the open court today i.e. 03.11.2022 Paridhi Sharma ACJ­CCJ­ARC/South West Dwarka Courts: New Delhi Succession Court Case No. 74/2018 Ajay Mediratta & Anr. v . State & Ors. Page 11/11